Court of Appeals for the Ninth Circuit January 17, 2002, No. 00-10471; D.C. No. CR-99-01475-JMR (United States v. Pannell)

MEMORANDUM **

1. At oral argument, the United States agreed that Count II of Pannell’s conviction, for possessing marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), is a potentially lesser included offense of Count III, for employing a juvenile to possess marijuana with intent to distribute, in violation of 21 U.S.C. § 861(a)(1).